Gifting a firearm

Member

I'm pretty sure I know the answer to this question, but just thought I'd double check...

My dad is visiting from California this weekend and I'd like to give him a revolver that he's been wanting for quite some time. Now, since I'm an OR resident and he's a CA resident, what is the proper (legal) way to do this? Can I go to an FFL here to do the paperwork or is he going to have an issue taking it on the plane across state lines? Would it be easier to just ship it to an FFL near his home?

Active Member

If I recall correctly there is a clausre that lets a child give to parent back and fourth but not siblings back and fourth. With Cali still needs to beregistered to be legal, but what they do not know......

New Member

If you hadn't opened your yap, it works like this. It's your dad. It's his gun. He's coming to get it. There is no transfer.

Now you made it something it's not.:thumbdown:

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Yeah, but imagine if Dad's house is broken into, and the gun is stolen, then used in a crime. It gets traced to son (or the person who sold it to son, who shows a bill of sale to son). Son says, "I transfered that to my Dad." Now the question of the legality of that transfer is live. And regardless of how you'd handle it, I wouldn't be recommending subterfuges like that in public.

On the substance, my understanding is that gifts across state lines are not OK any more than sales are (except for gifts by bequest when someone dies). Here's the federal statute, but I don't claim to be an expert on these matters:

18 USC Sec. 922:
(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

[...]

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of firearm to any person for temporary use for lawful sporting purposes;

Well-Known Member

Sorry to be off topic here but have your father move out of cali. Boublegum that state..... stupid gun law in that state. Having to register your gun in cali? What kinda BS is that? Oh I know so they know what doors to kick down when they wanna take your guns away......

Active Member

Why can't dad move here for a week and then decide he wants to move back with his new gun? It's family. He's living in family's house. Sounds simple to me. Wha the does with it when he get's back to his old house is his responsibility.

Well-Known Member

The federal law allows you to loan him the gun. You must then check the California law.

18 USC Sec. 922:
(a) It shall be unlawful -

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of firearm to any person for temporary use for lawful sporting purposes;

New Member

The federal law allows you to loan him the gun. You must then check the California law.

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Careful. A loan's gotta be for "temporary use for ... sporting purposes." Better be prepared to demonstrate that this was a temporary loan along those lines rather than a gift. And I think the OP has already publicly stated on the internet his intention to make a gift.

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